Posts Categorized: Cut-out-and-keep

In dealing with an appeal arising from a dispute over the appropriate fee for a planning application for two safari tents in Herefordshire (DCS Number 400-021-168), an inspector has ruled that they constitute operational development.

An appellant seeking permission to replace boarding kennels in the New Forest found that she was not baying at the moon, an inspector deciding that accommodation for 20 dogs would not result in greater disturbance to neighbours than 10 dogs (DCS Number 400-020-838).

In dealing with an appeal against the refusal of retrospective planning permission and listed building consent for alterations to a house in Tyneside (DCS Number 400-020-918) an inspector has corrected a couple of common misconceptions.

Possibly, the council involved in this appeal case (DCS Number 400-020-987) has been caught up in the current craze for decluttering.

The case relates to a fruit and vegetable shop in Bedfordshire. The appellant was objecting to the imposition of a condition attached to planning permission for two display units on the forecourt. The condition required the removal of an existing wooden display structure within two months of the permission.

Anyone steaming after a written representations appeal site visit because the appellant has not provided access can take comfort from a warning issued by an inspector in a recent appeal decision (DCS Number 400-020-771).

A Hampshire resident’s argument that his 2m high perimeter fence was permitted development due to the existence of a hedge between the fence and the highway has been kicked to the kerb by an inspector (DCS Number 400-020-431).

An inspector dealing with an appeal against the refusal of a lawful development certificate for a dormer extension at a house in east London has ruled that firewall upstands are not part of the roof (DCS Number 400-020-327).

In an appeal against an enforcement notice directed at the residential use of a stable block in County Durham (DCS Number 400-020-325) an inspector found no difficulty in identifying the meaning of ‘residential paraphernalia’.

In deciding that the residential conversion of a barn in Cornwall under permitted development rights was ruled out by a condition attached to the planning permission for the building (DCS Number 400-020-154) an inspector has made reference to the nine principles for conditions set out in Dunnett.

A "net health gain" principle should be embedded in national planning policy to ensure that new developments do not contribute to the problem of air pollution, a report by government agency Public Health England has recommended.

The government's Airports National Policy Statement (ANPS), which sets the policy framework for the expansion of Heathrow airport, should be "set aside and reconsidered" if it is found to be legally flawed, the High Court has been told on the first day of a legal challenge against the airport's expansion.

Plans have been approved for 1,500 homes on an employment site in Salford Quays, including a tower of up to 46 storeys, after officers concluded the development would not compromise neighbouring employment uses.

Plans have been approved for a mixed-use scheme with over 1,100 homes on a site currently used as a retail park off London's Old Kent Road, after planners concluded that the scheme's negative impacts, including the loss of retail space, would be compensated for by "major regeneration benefits".

The government has said it will "robustly defend" itself against a legal challenge which is seeking to have the approval for the expansion of Heathrow airport sent back to Parliament for reconsideration, as the case opens at the High Court today.

The High Court has upheld an inspector's ruling that the size of an area of hard-standing at a fencing company's yard in Surrey was so far in excess of what was required by a building on the site as to render it not ancillary to the building.